Fighting fire with firefighters: a proposal for expert judges at the trial level

Article Abstract:

A new federal judicial office of 'Magistrate Judge (Expert)' (MJE) should be created to adjudicate factual issues involving technical evidence. Currently technical expert evidence adds to the complexity of cases and contributes to delay in federal courts. The existing system of court-appointed experts and special masters does not allow the accumulation of expertise as would the MJEs. The advantages of accumulated expertise are demonstrated by the success of the Court of Appeals for the Federal Circuit in handling patent cases. MJEs could act as triers of fact, court-appointed experts and special masters.

Planning, Evidence, Expert, Expert evidence, United States magistrates, Magistrates

---

The courts and the Congress: should judges disdain political history?

Article Abstract:

Professor John Manning has placed too little emphasis on the political character of courts whose power is properly checked by their reference to legislative histories when conducting judicial review of statutes. Manning correctly views courts' attention to minute details of legislative history as delegation of judicial authority. However, he goes too far in arguing that separation of powers requires that courts refrain from referring to legislative histories. Courts can independently and respectfully consider the history and political context in which statutes are born.

Analysis, Interpretation and construction, Criticism and interpretation, Judicial restraint, Legislative histories, Manning, John

---

Court of Federal Claims: a case against reform

Article Abstract:

Congress and the president have more control over the US Court of Federal Claims (CFC) because it was created under Art I of the Constitution rather than Art III, which prevents such governmental action on Art III judges. Judges on the CFC have 15-year terms rather than life tenure, seniority is ignored and judicial discipline is easier. Critics charge that these reforms have politicized the CFC rather than making it more accountable.

United States. Court of Federal Claims

Similar abstracts:

• Abstracts: "Making it a federal case": a model for indigent representation. "A riddle wrapped in a mystery inside an enigma": general personal jurisdiction and notions of sovereignty
• Abstracts: Is the evidence all in? A proposal for revising the federal rules. Employer dilemma: reducing workers' comp costs may be undercut by conflicting federal laws
• Abstracts: Ex parte interview with a former employee: ethical guidelines. Law firm partnership selection and Title VII
• Abstracts: Environmental law - EPA mandated environmental cleanup costs: who foots the bill? Federal antisecrecy legislation: a model act to safeguard the public from court-sanctioned hidden hazards
• Abstracts: Selecting a jury in federal criminal trials after Batson and McCollum. The admissibility of ultimate issue expert testimony by law enforcement officers in criminal trials

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.